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JAMAICA

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Jamaica has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

JAMAICA

Since April 2007
Since 2005, last amended in 2012

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
The Electronic Transactions Act

The Consumer Protection Act
The Electronic Transactions Act and The Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions
Coverage Horizontal

JAMAICA

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

JAMAICA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Lack of self-certification
It is reported that the market approval of products with radio technologies in Jamaica is granted by the Spectrum Management Authority (SMA). The SMA certification is a national certification scheme, which is based on the specifications of a Conformité Européenne (CE), marking according to the Radio Equipment Directive (RED) and a Federal Communications Commission (FCC) certification. However, it is reported that typically one sample of the product is required for approval requests in Jamaica.
Tests and certificates that have already been issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is done by recognition of type approval test reports which are prepared according to international standards. However, technical documents must be reviewed and validated by the Bureau of Standards Jamaica.
Coverage Cell phones, RFID equipment, Bluetooth devices, WiFi products, PSTN equipment

JAMAICA

Since April 2007

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
The Electronic Transactions Act
Jamaica has a safe harbour regime in place for intermediaries for copyright infringements. According to Art. 25 of The Electronic Transactions Act, an intermediary shall not be held liable in any civil or criminal proceedings for any information contained in an electronic document in respect of which the intermediary provides services if:
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
Coverage Internet intermediaries

JAMAICA

Since April 2007

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
The Electronic Transactions Act
Jamaica has a safe harbour regime in place for intermediaries for any activity other than copyright infringement. According to Art. 25 of The Electronic Transactions Act, an intermediary shall not be held liable in any civil or criminal proceedings for any information contained in an electronic document in respect of which the intermediary provides services if:
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
Coverage Internet intermediaries

JAMAICA

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Jamaica imposes identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

JAMAICA

Since June 2020

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
The Data Protection Act, 2020
According to Art. 45 of The Data Protection Act, a data controller shall submit to the Commissioner a data protection impact assessment (DPIA) in respect of all personal data in the custody or control of the data controller. The data protection impact assessment form shall require at least the following information:
- Detailed description of the envisaged processing of the personal data and the purposes of the processing, specifying, where applicable, the legitimate interest pursued by the data controller;
- Assessment of the necessity and proportionality of the processing operations in relation to the purposes;
- Assessment of the risks to the rights and freedoms, of data subjects;
- Measures envisaged addressing the risks, including safeguards, security measures, and mechanisms to protect personal data and demonstrate compliance with the Act.
In addition, certain categories of data controllers are required to appoint a data protection officer (DPO' under the Act. These categories include: data controllers who are public authorities; data controllers who process or intend to process sensitive personal data or data relating to criminal convictions; data controllers who process personal data on a large scale; and data controllers that are designated by the Commissioner as requiring a DPO.
Coverage Horizontal

JAMAICA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation to agreement with binding commitments on data flows
Jamaica has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

JAMAICA

Since June 2020

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
The Data Protection Act, 2020
The Data Protection Act provides a comprehensive regime of data protection.
Coverage Horizontal

JAMAICA

Since June 2020, entry into force in December 2023

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
The Data Protection Act, 2020
According to Section 1 of Art. 31 of The Data Protection Act, personal data shall not be transferred to a State or territory outside of Jamaica unless that State or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. However, according to Section 3 of Art. 31, the aforementioned condition is not necessary for a transfer that falls within any of the cases specified in subsection 4, including:
- The interested individual consents to the transfer;
- The transfer is necessary for the performance of a contract between the data subject and the data processor;
- The transfer is necessary for reasons of substantial public interest;
- The transfer is necessary for the purpose of, or in connection with, any legal proceedings (including possible legal proceedings);
- The transfer is necessary to protect the vital interests of the data subject;
- The transfer is made on terms that are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects;
- The Commissioner has authorized the transfer to be made in a manner that ensures adequate safeguards for the rights and freedoms of data subjects;
- The transfer is necessary for the purposes of national security or the prevention, detection, or investigation of criminal offenses.
Coverage Horizontal

JAMAICA

Since April 1997

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Jamaica has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

JAMAICA

Since April 1995

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Office of Utilities Regulation, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

JAMAICA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Jamaica does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2000. Section 30 of The Telecommunications Act makes it obligatory for each dominant public telecommunications carrier to “keep separate accounts in such form and containing such particulars as will enable the Office to assess whether that carrier provides interconnection services in accordance with the principles specified” at paragraph 1.4. A more general provision is set out in Section 4(5), which provides for the Office to “make rules prescribing the system of regulatory accounts to be kept by a dominant carrier or service provider”.
Coverage Telecommunications sector

JAMAICA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that infrastructure sharing in the mobile sector is not mandated in Jamaica, but it is practiced based on commercial agreements. In addition, infrastructure sharing in the fixed sector is not mandated nor practiced.
Coverage Telecommunications sector

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